Legal Definitions - persona praedilecta

The Latin term persona praedilecta translates to "preferred person" or "especially favored person." In legal contexts, it refers to an individual who is designated to receive preferential treatment, special consideration, or a particular benefit over others, often due to a close personal relationship or a specific reason for their favor.

This concept typically arises in situations where a person making a legal decision or creating a legal document (like a will or trust) expresses a clear intention to prioritize one individual's interests or well-being above others who might otherwise have an equal claim or status.

• Example 1: Estate Planning

  An elderly individual, Sarah, has two children. One child, Mark, has lived with Sarah for the past decade, providing daily care, managing her finances, and sacrificing his own career to ensure her comfort and well-being. The other child lives out of state and has had less involvement. In her will, Sarah explicitly states that Mark should receive a larger share of her estate, acknowledging his dedicated care and personal sacrifice.

  How it illustrates the term: In this scenario, Mark is the persona praedilecta. Sarah, through her will, has clearly designated him as the preferred beneficiary due to their close relationship and his specific contributions, granting him a greater benefit than her other child.

• Example 2: Discretionary Trust

  A wealthy philanthropist establishes a trust fund to provide educational scholarships for their grandchildren. The trust document specifies that while all grandchildren are eligible, the trustee should give primary consideration and allocate additional funds to a particular grandchild who has a documented learning disability and requires specialized, more expensive educational support.

  How it illustrates the term: The grandchild with the learning disability is the persona praedilecta within the trust's framework. The philanthropist's instructions ensure that this specific grandchild receives favored treatment and additional resources to meet their unique needs, even though all grandchildren are beneficiaries.

• Example 3: Guardianship Nomination

  Before their untimely death, a single parent, David, writes a letter expressing his strong desire for his sister, Emily, to become the legal guardian of his minor children. David has another sister and a brother who are also capable, but he specifically states that Emily has a unique bond with the children and shares his parenting philosophy most closely.

  How it illustrates the term: Emily is the persona praedilecta in David's guardianship nomination. While a court will make the final decision, David's clear and expressed preference for Emily over other suitable family members makes her the favored individual for this critical role in his children's lives.